CODE OF VIRGINIA

CERTAIN MEMORANDUM OF AGREEMENT REQUIRED (§ 22.1-274.02)

A. The Superintendent of Public Instruction or his designee and the Director of
the Department of Medical Assistance Services or his designee shall develop and
execute a memorandum of agreement relating to special education health services.
This memorandum of agreement shall be revised on a periodic basis; however, the
agreement shall, at a minimum, be revised and executed within six months of the
inauguration of a new governor in order to maintain policy integrity.

B. The agreement shall include, but need not be limited to, (i) requirements for
regular and consistent communications and consultations between the two
departments and with school division personnel and officials and school board
representatives; (ii) a specific and concise description and history of the
federal Individuals with Disabilities Education Act (IDEA), a summary of school
division responsibilities pursuant to the Individuals with Disabilities
Education Act, and a summary of any corresponding state law which influences the
scope of these responsibilities; (iii) a specific and concise summary of the
then-current Department of Medical Assistance Services regulations regarding the
special education health services; (iv) assignment of the specific
responsibilities of the two state departments for the operation of special
education health services; (v) a schedule of issues to be resolved through the
regular and consistent communications process, including, but not limited to,
ways to integrate and coordinate care between the Department of Medical
Assistance Services’ managed care providers and special education health
services providers; (vi) a process for the evaluation of the services which may
be delivered by school divisions participating as special education health
services providers pursuant to Medicaid; (vii) a plan and schedule to reduce the
administrative and paperwork burden of Medicaid participation on school
divisions in Virginia; and (viii) a mechanism for informing primary care
providers and other case management providers of those school divisions that are
participating as Medicaid providers and for identifying such school divisions as
Medicaid providers that are available to receive referrals to provide special
education health services.

C. The Board of Education shall cooperate with the Board of Medical Assistance
Services in developing a form to be included with the Individualized Education
Plan (IEP) that shall be accepted by the Department of Medical Assistance
Services as the plan of care (POC) and in collecting the data necessary to
establish separate and specific Medicaid rates for the IEP meetings and other
services delivered by school divisions to students.The POC form shall (i) be
consistent with the plan of care required by the Department of Medical
Assistance Services of other Medicaid providers, (ii) allow for written updates,
(iii) be used by all school divisions participating as Medicaid providers of
special education health services, (iv) document the student’s progress,
and (v) be integrated and coordinated with the Department of Medical Assistance
Services’ managed care providers.

D. The Department of Education shall prepare, upon consultation with the
Department of Medical Assistance Services, a consent form which (i) is separate
from the IEP, (ii) includes a statement noting that such form is not part of the
student’s IEP, (iii) includes a release to authorize billing of
school-based health services delivered to the relevant student by the school
division, and (iv) shall be used by all school divisions participating in
Medicaid reimbursement. This consent form shall be made available to the parents
upon conclusion of the IEP meeting. The release shall allow for billing of
school-based health services by Virginia school divisions to the Virginia
Medicaid program and other programs operated by the Department of Medical
Assistance Services.

E. The Department of Education and the Department of Medical Assistance Services
shall also develop a cost-effective, efficient, and appropriate process to allow
school divisions access to eligibility data for students for whom consent has
been obtained.

HISTORY: 1999, cc. 967, 1005.